Senate Bill No. 451–Committee on Government Affairs

 

(On Behalf of the County Fiscal
Officers Association)

 

March 24, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions regarding format of certain documents filed in office of county recorder. (BDR 20‑293)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to county recorders; revising format of certain documents that are filed in the office of the county recorder; authorizing a county recorder to charge a fee for recording documents that do not meet those standards in certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 247.110 is hereby amended to read as follows:

1-2  247.110  1.  When a document authorized by law to be

1-3  recorded is deposited in the county recorder’s office for recording,

1-4  the county recorder shall:

1-5  (a) Endorse upon it the time when it was received, noting:

1-6       (1) The year, month, day, hour and minute of its reception;

1-7       (2) The document number; and

1-8       (3) The amount of fees collected for recording the document.

1-9  (b) Record the document without delay, together with the

1-10  acknowledgments, proofs and certificates, written upon or annexed

1-11  to it, with the plats, surveys, schedules and other papers thereto

1-12  annexed, in the order in which the papers are received for recording.

2-1  (c) Note at the upper right corner of the record and upon the

2-2  document, except a map, so recorded the exact time of its reception

2-3  [,] and the name of the person at whose request it was recorded.

2-4  (d) Upon request, place a stamp or other notation upon one copy

2-5  of the document presented at the time of recording to reflect the

2-6  information endorsed upon the original pursuant to subparagraphs

2-7  (1) and (2) of paragraph (a) and as evidence that he received the

2-8  original, and return the copy to the person who presented it.

2-9  2.  In addition to the information described in paragraph (a) of

2-10  subsection 1, a county recorder may endorse upon a document the

2-11  book and page where the document is recorded.

2-12      3.  A county recorder shall not refuse to record a document on

2-13  the grounds that the document is not legally effective to accomplish

2-14  the purposes stated therein.

2-15      4.  [A] Except as otherwise provided in this section and

2-16  subsection 4 of NRS 247.305, a document, except a map, certificate

2-17  or affidavit of death, military discharge or document regarding

2-18  taxes that is issued by the Internal Revenue Service of the United

2-19  States Department of the Treasury, that is submitted for recording

2-20  must:

2-21      (a) Be on white, 20-pound paper that is 8 1/2 inches by 11

2-22  inches in size . [;]

2-23      (b) Have a margin of 1 inch on the left and right sides and at the

2-24  bottom of each page . [; and]

2-25      (c) Have a space of 3 inches by 3 inches at the upper right

2-26  corner of the first page and have a margin of 1 inch at the top of

2-27  each succeeding page.

2-28      (d) Not be on sheets of paper that are bound together at the

2-29  side, top or bottom.

2-30      (e) Not contain printed material on more than one side of each

2-31  page.

2-32      (f) Not have any documents or other materials physically

2-33  attached to the paper.

2-34      (g) Not contain:

2-35          (1) Colored markings to highlight text or any other part of

2-36  the document;

2-37          (2) A stamp or seal that overlaps with text or a signature on

2-38  the document, except in the case of a validated stamp or seal of a

2-39  professional engineer or land surveyor who is licensed pursuant to

2-40  chapter 625 of NRS;

2-41          (3) Text that is smaller than a 10-point Times New Roman

2-42  font and is printed in any ink other than black; or

2-43          (4) More than 9 lines of text per vertical inch.

3-1  5.  The provisions of subsection 4 do not apply to a document

3-2  submitted for recording that has been filed with a court and which

3-3  conforms to the formatting requirements established by the court.

3-4  Sec. 2.  NRS 247.305 is hereby amended to read as follows:

3-5  247.305  1.  If another statute specifies the fee to be charged

3-6  for a service, county recorders shall charge and collect only the fee

3-7  specified. Otherwise county recorders shall charge and collect the

3-8  following fees:

 

3-9  For recording any document, for the first page$10

3-10                              For each additional page.. 1

3-11  For recording each portion of a document which must

3-12  be separately indexed, after the first indexing  3

3-13  For copying any record, for each page.... 1

3-14  For certifying, including certificate and seal    4

3-15  For a certified copy of a certificate of marriage  10

3-16  For a certified abstract of a certificate of marriage10

 

3-17      2.  Except as otherwise provided in this subsection, a county

3-18  recorder may charge and collect, in addition to any fee that a county

3-19  recorder is otherwise authorized to charge and collect, an additional

3-20  fee not to exceed $3 for recording a document, instrument, paper,

3-21  notice, deed, conveyance, map, chart, survey or any other writing. A

3-22  county recorder may not charge the additional fee authorized in this

3-23  subsection for recording the originally signed copy of a certificate of

3-24  marriage described in NRS 122.120. On or before the fifth day of

3-25  each month, the county recorder shall pay to the county treasurer the

3-26  amount of fees collected by him pursuant to this subsection for

3-27  credit to the account established pursuant to NRS 247.306.

3-28      3.  Except as otherwise provided in this subsection, a county

3-29  recorder shall charge and collect, in addition to any fee that a county

3-30  recorder is otherwise authorized to charge and collect, an additional

3-31  fee of $1 for recording a document, instrument, paper, notice, deed,

3-32  conveyance, map, chart, survey or any other writing. A county

3-33  recorder shall not charge the additional fee authorized in this

3-34  subsection for recording the originally signed copy of a certificate of

3-35  marriage described in NRS 122.120. On or before the fifth day of

3-36  each month, the county recorder shall pay to the county treasurer the

3-37  amount of fees collected by him pursuant to this subsection. On or

3-38  before the 15th day of each month, the county treasurer shall remit

3-39  the money received by him pursuant to this subsection to the State

3-40  Treasurer for credit to the Account to Assist Persons Formerly in

3-41  Foster Care established pursuant to NRS 423.137.

3-42      4.  Except as otherwise provided in this subsection, subsection

3-43  5 or by specific statute, a county recorder shall charge and collect,

4-1  in addition to any fee that a county recorder is otherwise

4-2  authorized to charge and collect, an additional fee of $25 for

4-3  recording any document that does not meet the standards set forth

4-4  in subsection 4 of NRS 247.110. A county recorder shall not

4-5  charge the additional fee authorized by this subsection for

4-6  recording a document that is exempt from the provisions of

4-7  subsection 4 of NRS 247.110.

4-8  5.  Except as otherwise provided in subsection [5,] 6, a county

4-9  recorder shall not charge or collect any fees for any of the services

4-10  specified in this section when rendered by him to:

4-11      (a) The county in which his office is located.

4-12      (b) The State of Nevada or any city or town within the county in

4-13  which his office is located, if the document being recorded:

4-14          (1) Conveys to the State, or to that city or town, an interest in

4-15  land;

4-16          (2) Is a mortgage or deed of trust upon lands within the

4-17  county which names the State or that city or town as beneficiary;

4-18          (3) Imposes a lien in favor of the State or that city or town;

4-19  or

4-20          (4) Is a notice of the pendency of an action by the State or

4-21  that city or town.

4-22      [5.] 6.  A county recorder shall charge and collect the fees

4-23  specified in this section for copying of any document at the request

4-24  of the State of Nevada, and any city or town within the county. For

4-25  copying, and for his certificate and seal upon the copy, the county

4-26  recorder shall charge the regular fee.

4-27      [6.] 7.  For purposes of this section, “State of Nevada,”

4-28  “county,” “city” and “town” include any department or agency

4-29  thereof and any officer thereof in his official capacity.

4-30      [7.] 8.  Except as otherwise provided in subsection 2 or 3 or by

4-31  an ordinance adopted pursuant to the provisions of NRS 244.207,

4-32  county recorders shall, on or before the fifth working day of each

4-33  month, account for and pay to the county treasurer all such fees

4-34  collected during the preceding month.

4-35      Sec. 3.  This act becomes effective on July 1, 2003.

 

4-36  H